FAQ - Small Claims Division
Contact the District Court Office in the area where: The Small Claims Registrar will provide you with the application form or you can download the Small. If you're considering using the small claims court to get your money back from . Only where a party is a litigant in person (ie acting for themselves) will the If the other side does file a defence, you'll have to wait until the court assigns a date. If you've been genuinely wronged, use the small claims court to get money back - Money Saving Expert. The big advantages are you can apply online, they try to keep it as informal as . The small claims action was contested a day after the cut -off date and so judgment was awarded in my favour. . In Northern Ireland.
Consumer claims cannot be made through the small claims procedure for debts, personal injuries or breach of leasing or hire-purchase agreements.
Businesses can make claims against other businesses in relation to contracts for goods or services purchased. It does not apply to claims in relation to: The claimant completes the application form and sends it to the Small Claims Registrar with the relevant fee or applies online The application is registered by the Registrar A copy of the claim and a Notice of Claim is sent by the Registrar to the respondent At this stage, there are various choices available to the respondent: They can admit the claim They can dispute the claim They can counterclaim They might ignore the claim.
Respondent admits the claim The respondent has 15 calendar days to reply. Where the respondent admits the claim, they complete a Notice of Acceptance of Liability and return it to the Registrar The respondent has 3 options: The respondent agrees to pay the amount claimed.
Making a claim
Here, the respondent agrees to pay you immediately. Payment is made by cheque, postal order or money order, made payable to the claimant, and sent to the Registrar.
If payment is conditional, for example the goods must be returned, then the Registrar must seek the claimant's agreement The respondent consents to judgement. Here, the respondent will only pay you when judgement is made in the District Court. You do not have to attend at court. The claimant swears an Affidavit of Debt and makes a request for Judgement and Decree.
The Registrar will assist the claimant in this procedure. The Registrar will notify the respondent of the judgement. The respondent has 28 calendar days to comply with the judgement. The respondent wishes to pay the amount claimed in instalments.
The Registrar must inform the claimant of this request and must seek the consent of the claimant to the terms proposed. Respondent disputes the claim The respondent has 15 calendar days to reply and returns to the Registrar the Notice of Dispute within the 15 calendar day period.
The Registrar sends the claimant a copy of the Notice of Dispute and tries to settle the dispute. If no settlement can be reached, the matter is then set down for a hearing in the District Court.
The respondent counterclaims The respondent outlines their intention to counterclaim on the Notice of Dispute and sends the appropriate fee to the Registrar.
- Small claims procedure
- Small claims and a court hearing
The Registrar sends the claimant a copy of the Notice of Dispute and Counterclaim. The respondent does not reply to the claim The respondent has 15 calendar days to reply to the claim. Where there is no reply by the respondent, they are then held to have admitted the claim.
The procedure is the same as if they had consented to judgement. Enforcing your judgement Once you have obtained judgement and have a decree, there is the possibility that the respondent will not comply with the order of the court.
In this situation, you may need to enforce your judgement. The most usual way of enforcing a judgement is to give the decree to the Sheriff or County Registrar for execution. You have to apply to the Small Claims Registrar to have the decree sent to you. The Registrar will not automatically send you the decree for execution in this way. After you give the decree to the Sheriff or County Registrar, they then go to the respondent and seize goods or money to the value of the amount set out in your decree.
Apply online using the Courts Service Online site
It will involve a fee, payable to the Sheriff or County Registrar. If the Sheriff or County Registrar successfully executes the judgement, this fee will be refunded to you. Information and assistance on enforcement procedures is available from the Small Claims Registrar.
Court hearing If your case has been referred for a hearing in the District Courtyou will receive a letter from the District Court office telling you the date and time of the court hearing and the location of the court itself. The case will be heard in public as part of a normal sitting of the District Court.
It may be advisable to get legal advice. Under Irish law, a business is required to be legally represented in court-based proceedings. This fee is payable by cheque made out to the Small Claims Registrar or postal order.
The Small Claims Registrar will accept the fee in cash if you pay it in person. If you apply online, you are required to pay online. If your claim is accepted as suitable for the small claims procedure the fee is not refunded, even if your claim is successful.
How to apply Print an application for the small claims procedure. This application form is also available from local District Court offices. Staff in the District Court office can help in completing the application form. It is important when completing the application form to give all the necessary information.
This will help the Small Claims Registrar to process your claim and try and resolve the dispute. If no resolution can be reached, it will also make it easier to enforce a Decree or court order if one is granted.
You should bring copies of any documentation i. You may also consider bringing any written communication that may have been transmitted between the parties.
SMALL CLAIMS PROCEDURE : SMALL CLAIMS PROCEDURE : Courts Service of Ireland
Very often the judge will want to know it any reasonable efforts were made to settle the dispute before coming to court. Can I bring a witness to testify on my behalf at the trial? Yes, witnesses may be an important part of your case in Small Claims Court.
In cases involving poor workmanship such as repairs on your caran experienced and impartial person in the same trade makes an ideal witness. Most small claims witnesses are willing to come to court to tell the judge what happened. Occasionally, a witness will not come to court voluntarily or cannot get permission to leave work. In order for a subpoena to be issued, you must provide the Court with the full name, address and telephone number of the witness.
The Deputy Marshal will serve the subpoena on the witness. Please note that without the subpoena, the witness has no legal obligation to appear in Court or to testify. It is important that you have all witnesses whom you need to testify at the Court and prepared to testify on the day and time of your trial. This information may include canceled checks, purchase orders, written contracts, estimates, police reports and other evidence.
Organize them in chronological order and be sure to check dates carefully.
For example, if you are being sued for damages that occurred in an automobile accident and you have decided to file a counterclaim, you should bring at least two 2 estimates of repairs for the damages sustained to your vehicle. The police report would have been filed with the initial complaint in the matter. Can a trial date be postponed? A trial date may be postponed depending on the reasons given for the postponement.
If you need to have the trial postponed, you must file a written letter stating the reasons for your request. It is up to the judge to whom your case has been assigned to determine whether the trial will be postponed.
Not all requests will be granted. Do not assume that your case will be postponed simply because you filed a request. What happens on the day of the trial?